Nrs: Chapter 660 - Branch Offices; Electronic Terminals; Automated Tellers

Link to law: https://www.leg.state.nv.us/NRS/NRS-660.html
Published: 2015

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[Rev. 11/21/2013 1:02:06

PM--2013]



CHAPTER 660 - BRANCH OFFICES; ELECTRONIC

TERMINALS; AUTOMATED TELLERS

BRANCH OFFICES

NRS 660.015           Location;

establishment; discontinuance; review of Commissioner’s action.

NRS 660.025           Service

centers: Definition; establishment.

NRS 660.035           Foreign

branches: Contents of application; powers of Commissioner; separate accounting

for each branch required.

ELECTRONIC TERMINALS

NRS 660.045           Definitions.

NRS 660.050           Authority

to operate; terminal is not branch office.

NRS 660.052           Fee

for and record of transaction.

NRS 660.055           Offices

for mechanical tellers: Contents.

NRS 660.065           Offices

for mechanical tellers: Authorization by Commissioner; office is not branch

office.

NRS 660.075           Application

to establish office for mechanical teller; fee for application; annual fee;

regulations.

NRS 660.085           Discontinuance

of office for mechanical teller.

NRS 660.095           Sharing

of mechanical tellers and other electronic terminals.

NRS 660.105           Construction

of provisions relating to electronic transfer of money.

AUTOMATED TELLERS

NRS 660.115           Definitions.

NRS 660.125           “Area

of access” defined.

NRS 660.135           “Automated

teller” defined.

NRS 660.145           “Control”

defined.

NRS 660.155           “Customer”

defined.

NRS 660.165           “Defined

parking area” defined.

NRS 660.175           “Device

for access” defined.

NRS 660.185           “Operator”

defined.

NRS 660.195           Operator

to adopt procedure for evaluating safety of location of automated teller before

installation; exception.

NRS 660.205           Requirements

for illumination.

NRS 660.215           Notice

of basic precautions: Requirements; issuance to customers; sufficiency.

NRS 660.225           Applicability.

NRS 660.235           Preemption

of codes, ordinances and regulations of local governments relating to safety of

customers at automated tellers.

_________

 

BRANCH OFFICES

      NRS 660.015  Location; establishment; discontinuance; review of

Commissioner’s action.

      1.  Banks organized under this title may

maintain branch offices but the location of the principal office and the parent

bank must be within this State.

      2.  Additional branch offices may be from

time to time established by the board of directors with the written consent of

the Commissioner.

      3.  A bank may discontinue a branch office

upon resolution of its board of directors. Upon the adoption of the resolution,

the bank shall file a certification with the Commissioner specifying the

location of the branch office to be discontinued and the date upon which it is

proposed that the discontinuance is to be effective. This certificate must

state the reasons for the closing of the branch office and indicate that the

needs and conveniences of the community would still be adequately met. Notice

stating the intention to discontinue the branch office must be published in a

newspaper serving the community once a week for 4 consecutive weeks before any

certificate requesting discontinuance is filed with the Commissioner. No branch

office may be discontinued until approved by the Commissioner, who shall first

hold a public hearing thereon, if so requested by any interested person.

      4.  Any action taken by the Commissioner

pursuant to this section is subject to review in the same manner as provided in

NRS 659.055.

      (Added to NRS by 1971, 972; A 1983, 1729; 1987, 1905)

      NRS 660.025  Service centers: Definition; establishment.

      1.  As used in this section, “service

center” is a place where functions of a bank are performed that do not involve

the receiving of deposits, making of loans or withdrawals or handling of cash.

      2.  Banks organized under this title may

establish and maintain one or more service centers within or outside this State

according to their needs.

      3.  A service center may be established by

a bank by the vote of its board of directors. The bank shall inform the

Commissioner in writing of its intention to establish a service center and the

location thereof.

      4.  A service center does not constitute

branch banking. No license, certificate or prior approval of the Commissioner,

of the Division of Financial Institutions or of the Department of Business and

Industry is necessary before a service center may be established.

      (Added to NRS by 1971, 973; A 1983, 1730; 1987, 1905; 1993, 1894; 1997, 979)

      NRS 660.035  Foreign branches: Contents of application; powers of

Commissioner; separate accounting for each branch required.

      1.  Any bank organized under the laws of

this State that has a stockholders’ or members’ equity of $1,000,000 or more

may file an application with the Commissioner for permission to establish, upon

conditions and under such regulations as may be prescribed by the Commissioner,

branches in foreign countries or dependencies or singular possessions of the

United States for the furtherance of the foreign commerce of the United States

and to act, if required to do so, as fiscal agents of the United States.

      2.  The application must specify:

      (a) The name and stockholders’ or members’ equity

of the bank filing it.

      (b) The powers applied for.

      (c) The place or places where the banking

operations are to be carried on.

      3.  The Commissioner may:

      (a) Approve or reject the application in whole or

in part if for any reason the granting of the application is deemed

inexpedient.

      (b) From time to time increase or decrease the

number of places where the banking operations may be carried on.

      4.  Every bank operating foreign branches

must be required to furnish information concerning the condition of those

branches to the Commissioner upon demand, and the Commissioner may order

special examinations of such branches at such time or times as the Commissioner

may deem best.

      5.  Each bank shall conduct the accounts of

each foreign branch independently of the accounts of other foreign branches

established by it and of its home office and shall, at the end of each year,

transfer to its general ledger the profit or loss accrued at each branch as a

separate item.

      (Added to NRS by 1971, 973; A 1983, 1730; 1987, 1905; 1997, 979)

ELECTRONIC TERMINALS

      NRS 660.045  Definitions.  As

used in NRS 660.045 to 660.105,

inclusive, unless the context otherwise requires:

      1.  “Electronic terminal” means an

electronic device, other than a telephone operated by a customer, through which

a customer may initiate an electronic transfer of money. The term includes, but

is not limited to, mechanical tellers.

      2.  “Electronic transfer of money” means

any transfer of money, other than a transaction initiated by a check, draft or

other similar instrument, that is initiated through an electronic terminal,

telephone, computer or magnetic tape for the purpose of ordering, instructing

or authorizing a financial institution to debit or credit an account.

      3.  “Financial institution” means a bank,

savings and loan association, thrift company or credit union regulated pursuant

to this title or title 56 of NRS.

      4.  “Mechanical teller” means an electronic

terminal used by a financial institution to effectuate transactions solely

between itself and its customers. The term does not include any device used

solely to guarantee the payment of a check or to authorize or verify the

issuance of a check.

      (Added to NRS by 1985, 983; A 1989, 712)

      NRS 660.050  Authority to operate; terminal is not branch office.

      1.  A financial institution may operate one

or more electronic terminals in this State.

      2.  For the purposes of NRS 660.045 to 660.105,

inclusive, this title and title 56 of NRS, an electronic terminal is not a

branch office of a financial institution organized under the provisions of this

title or title 56 of NRS.

      (Added to NRS by 1989, 711)

      NRS 660.052  Fee for and record of transaction.

      1.  A financial institution operating an

electronic terminal may charge a transaction fee to the customer using the

electronic terminal if the transaction fee is disclosed electronically during

the course of the transaction so as to permit the customer to cancel the

transaction without incurring the transaction fee.

      2.  For each transaction processed by an

electronic terminal, except for a transaction involving a negotiable instrument

that is its own receipt, the electronic terminal must, at the time of the

transaction, make available to the customer a machine processed or handwritten

record of each transaction. The record must include:

      (a) The amount of the transaction. A fee for the

transaction may be included in this amount if the electronic terminal is owned

or operated by a person other than the financial institution that holds the

customer’s account if the fee is disclosed on the record of the transaction and

pursuant to subsection 1.

      (b) The date of the transaction.

      (c) The type of transaction and the type of

account to or from which money is transferred. Codes may be used for this

purpose if they are explained on the record of the transaction.

      (d) A number or code that identifies the

customer, the customer’s account number or the device used to access the

electronic terminal.

      (e) The location of the electronic terminal, or a

number or code identifying that location.

      (f) The name of each third party to or from whom

money is transferred, if the name provided by the customer can be reproduced by

the electronic terminal on the record of the transaction. A code may be used

for this purpose only if it is explained on the record of the transaction.

      (Added to NRS by 1989, 711; A 2013, 636)

      NRS 660.055  Offices for mechanical tellers: Contents.  In addition to the mechanical tellers, an

office for mechanical tellers may include:

      1.  A night depository; and

      2.  Employees of the financial institution

whose functions do not include the conducting of transactions with customers.

      (Added to NRS by 1985, 984)

      NRS 660.065  Offices for mechanical tellers: Authorization by Commissioner;

office is not branch office.

      1.  When authorized by the Commissioner, a

financial institution may establish and operate one or more offices for

mechanical tellers in this state.

      2.  For the purposes of NRS 660.045 to 660.105,

inclusive, this title and title 56 of NRS, an office for mechanical tellers is

not a branch office of a financial institution organized under the provisions

of this title or title 56 of NRS.

      (Added to NRS by 1985, 984; A 1987, 1314, 1906)

      NRS 660.075  Application to establish office for mechanical teller; fee for

application; annual fee; regulations.

      1.  An application for authority to

establish and operate one or more offices for mechanical tellers must be made

to the Commissioner on the form prescribed by the Commissioner and accompanied

by a fee of not more than $200 per teller. If the Commissioner approves the

application, the financial institution must pay an annual fee of not more than

$100 for each mechanical teller that it operates.

      2.  The Commissioner shall adopt

regulations establishing the amount of the fees required pursuant to this

section.

      (Added to NRS by 1985, 984; A 1987, 1906; 2005, 1844)

      NRS 660.085  Discontinuance of office for mechanical teller.

      1.  If a financial institution wishes to

discontinue the operation of an office for mechanical tellers, it must notify

the Commissioner in writing not less than 30 days before the proposed date for

discontinuance. The notice must state the reasons for the closing of the office

and indicate that the needs and convenience of the community in which the

office is located would still be adequately met.

      2.  If the Commissioner determines that the

discontinuance would significantly limit financial services which would be

available to the residents of the community in which the office is located, the

Commissioner shall so notify the institution. The institution must then cause

notice of its intention to discontinue the operation of the office to be

published in a newspaper serving that community once a week for 4 consecutive

weeks. The operation of the office may not be discontinued until approved by

the Commissioner, who shall first hold a public hearing thereon if requested by

any interested person.

      3.  Any action taken by the Commissioner

pursuant to subsection 2 is subject to review in the same manner as provided in

NRS 659.055.

      (Added to NRS by 1985, 984; A 1987, 1906)

      NRS 660.095  Sharing of mechanical tellers and other electronic terminals.

      1.  A financial institution may share the

space in an office for mechanical tellers or may share use of a mechanical

teller with other financial institutions or such other persons as the

Commissioner may approve.

      2.  A financial institution may share the

use of its electronic terminals with other financial institutions or such other

persons as the Commissioner may approve.

      3.  An agreement to share mechanical

tellers or electronic terminals may not prohibit, limit or restrict the right

of a financial institution to charge a customer any fees allowed by state or

federal law, or require a financial institution to limit or waive its rights or

obligations under this chapter.

      (Added to NRS by 1985, 984; A 1987, 1907; 1989, 713)

      NRS 660.105  Construction of provisions relating to electronic transfer of

money.  The provisions of this

chapter relating to the electronic transfer of money must be construed in a

manner which is consistent with, and which is not less restrictive than, the

Electronic Fund Transfer Act, 15 U.S.C. §§ 1693-1693r, inclusive.

      (Added to NRS by 1989, 712)

AUTOMATED TELLERS

      NRS 660.115  Definitions.  As

used in NRS 660.115 to 660.235,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 660.125 to 660.185,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1991, 1123)

      NRS 660.125  “Area of access” defined.  “Area

of access” means a paved walkway or sidewalk which is within 50 feet of an

automated teller, except a publicly maintained road or a sidewalk as defined in

NRS 484A.240.

      (Added to NRS by 1991, 1123)

      NRS 660.135  “Automated teller” defined.  “Automated

teller” means any electronic device which accepts or dispenses cash in

connection with an account maintained in a financial institution or with

another business. The term does not include a device used solely to guarantee

the payment of a check or to authorize or verify the issuance of a check, or

used in connection with the acceptance or dispensing of cash by one natural

person to another.

      (Added to NRS by 1991, 1123)

      NRS 660.145  “Control” defined.  A

person has “control” of an area of access or a defined parking area if the

person has the present authority to determine how, when and by whom it is to be

used and how it is to be maintained, lit and landscaped.

      (Added to NRS by 1991, 1123)

      NRS 660.155  “Customer” defined.  “Customer”

means a natural person to whom a device for access has been issued for

personal, family or household use.

      (Added to NRS by 1991, 1123)

      NRS 660.165  “Defined parking area” defined.

      1.  “Defined parking area” means that

portion of any parking area open for customer parking which is:

      (a) Contiguous to an area of access to an

automated teller;

      (b) Regularly, principally and lawfully used for

parking by users of the automated teller while using it between a half hour

after sunset and a half hour before sunrise; and

      (c) Owned or leased by the operator of the automated

teller or owned or controlled by the party leasing the site of the automated

teller to the operator.

      2.  The term does not include any parking

area while it is not open or regularly used for parking by users of the

automated teller who are using it between a half hour after sunset and a half

hour before sunrise.

      3.  A parking area is not open if it is

physically closed to access or if conspicuous signs indicate that it is closed.

      4.  If a parking area that has more than

one level would otherwise be a defined parking area, only the single level

deemed by the operator of the automated teller to be the most directly

accessible to the users of the automated teller is a defined parking area

pursuant to the provisions of NRS 660.115 to 660.235, inclusive.

      (Added to NRS by 1991, 1124)

      NRS 660.175  “Device for access” defined.  “Device

for access” means a card, code or other means of access to a customer’s

account, or any combination of these, which may be used to accomplish the

deposit or withdrawal of cash.

      (Added to NRS by 1991, 1124)

      NRS 660.185  “Operator” defined.  “Operator”

means a financial institution or other person who operates an automated teller.

      (Added to NRS by 1991, 1124)

      NRS 660.195  Operator to adopt procedure for evaluating safety of location of

automated teller before installation; exception.

      1.  The operator of an automated teller

shall adopt a procedure for evaluating the safety of its location before it is

installed. The procedure must include the consideration of:

      (a) The extent to which the lighting for the

automated teller complies with the standards required by NRS

660.205;

      (b) The presence of landscaping, vegetation or

other obstructions in the area of the automated teller, the area of access and

the defined parking area; and

      (c) The incidence of crimes of violence in the

immediate neighborhood of the automated teller, both those included in the

records of the local law enforcement agency and any others of which the

operator has knowledge.

      2.  NRS 660.115

to 660.235, inclusive, do not impose a duty to relocate

or modify an automated teller installed before October 1, 1991.

      (Added to NRS by 1991, 1124)

      NRS 660.205  Requirements for illumination.

      1.  The operator of an automated teller

shall provide illumination from a half hour after sunset until a half hour

before sunrise of at least 10 foot-candles, measured 3 feet above ground level,

at the face of the automated teller and extending outward at least 5 feet in

each unobstructed direction.

      2.  The operator of an automated teller, if

the operator controls the area of access or the defined parking area, or the

lessor or other person who controls each of these areas, shall provide

illumination from a half hour after sunset until a half hour before sunrise of

at least 2 foot-candles, measured 3 feet above ground level, within 50 feet in

all unobstructed directions from the face of the automated teller and in that

portion of the defined parking area which is within 60 feet from the automated

teller.

      3.  If an automated teller is located

within 10 feet of the corner of a building and the automated teller is

generally accessible from the adjacent side of the building, the illumination

must be at least 2 foot-candles, measured 3 feet above ground level, along the

first 40 unobstructed feet of the adjacent side of the building.

      (Added to NRS by 1991, 1124)

      NRS 660.215  Notice of basic precautions: Requirements; issuance to

customers; sufficiency.

      1.  Each issuer of a device for access to

an automated teller shall deliver personally or by mail to each customer,

except as otherwise provided in this section, whose mailing address for the

account to which the device relates is in this state, a notice of basic

precautions to be taken by the customer. Only one notice need be furnished per

household, and if devices for access are furnished to more than one customer

for a single account or set of accounts or on the basis of a single application

or other request for the devices, a single notice may be furnished in

satisfaction of the requirements of this section as to all those customers. The

information may be included with other disclosures related to the device

furnished to the customer, such as an initial or periodic disclosure furnished

pursuant to federal law.

      2.  The notice required by this section is

sufficient if the customer is advised to:

      (a) Be aware of his or her surroundings,

particularly later than a half hour after sunset;

      (b) Consider having someone accompany him or her

when the automated teller is used later than a half hour after sunset;

      (c) Refrain from displaying his or her cash,

pocket the cash as soon as the transaction is completed and count the cash

later in the safety of his or her car or home;

      (d) Consider using another automated teller, or

coming back later, if he or she notices anything suspicious;

      (e) Consider cancelling the transaction,

pocketing the device for access and leaving if he or she notices anything

suspicious while transacting business at the automated teller; and

      (f) Report all crimes to the operator of the automated

teller and to local law enforcement officials immediately.

      (Added to NRS by 1991, 1125)

      NRS 660.225  Applicability.  The

provisions of NRS 660.115 to 660.235,

inclusive, do not apply with respect to any automated teller:

      1.  Located inside of a building:

      (a) Unless the building exists for the sole

purpose of providing an enclosure for the automated teller; or

      (b) Except to the extent a transaction can be

conducted from outside the building.

      2.  Located in any area, including a

building, which is not controlled by the operator.

      (Added to NRS by 1991, 1125)

      NRS 660.235  Preemption of codes, ordinances and regulations of local

governments relating to safety of customers at automated tellers.

      1.  NRS 660.115

to 660.235, inclusive, supersede and preempt all

codes, ordinances or regulations of counties, cities, towns and local agencies

regarding the safety of customers at automated tellers located in this state.

      2.  Substantial compliance with those

sections is conclusive evidence that the operator of an automated teller has

provided adequate measures for the safety of his or her customers.

      (Added to NRS by 1991, 1125)